State agencies should not honor court orders to change the sex on someone’s driver’s license or birth certificate, according to an opinion filed by Texas Attorney General Ken Paxton Friday.

He also said state agencies should retroactively correct any changes they’ve made to driver’s licenses or birth certificates over the years based on these court orders.

As attorney general, Paxton does not have the authority to tell other state agencies what to do, but this opinion could be cited in future executive or legislative action.

For decades, state agencies have accepted certified court orders to amend a person's sex on government issued documents. The Texas Department of State Health Services accepted court orders to change someone’s sex on their birth certificate, and the Texas Department of Public Safety allowed changes to driver’s licenses if someone presented an amended birth certificate or a court record.

That came to a halt in August for DPS, at least, and the agency asked Paxton’s office for an official opinion in September.

Ian Pittman, an attorney who represents transgender Texans, said Paxton’s recent finding was not a surprise.

“He purports to order things he has no authority to do,” Pittman said. “It’s red meat for the base, but it doesn’t legally change anything.”

But if history is any guide, Paxton’s latest maneuver could cascade into real changes. In 2022, Paxton issued a similar opinion, finding that providing a child with gender-affirming care could be considered child abuse under Texas law. Abbott, citing that opinion, issued an executive order, directing the state’s child welfare agencies to investigate parents of trans children.